Do all 12 jury members have to agree?
Asked by: Troy Grady | Last update: February 10, 2026Score: 4.3/5 (72 votes)
Yes, in U.S. federal criminal trials and most state criminal trials, all 12 jurors must agree (reach a unanimous verdict) for a conviction or acquittal, stemming from the Sixth Amendment's guarantee of a jury trial. In civil cases, requirements vary by state, with some allowing less-than-unanimous verdicts (e.g., 10-2 or 9-3), though federal civil cases often require unanimity unless parties agree otherwise.
What if one jury member disagrees?
If one juror disagrees in a criminal trial, it often leads to a hung jury (deadlocked jury) and a mistrial, meaning no verdict is reached and the prosecutor might retry the case or drop charges, but in some states (like Oregon historically), a non-unanimous vote could still convict, although federal cases and most states require unanimous verdicts for criminal convictions. In civil cases, requirements vary by state, but often fewer than 12 jurors agree, and some states allow non-unanimous verdicts, but a complete deadlock still results in a mistrial.
What disqualifies you from jury duty in Arkansas?
In Arkansas, jury duty exemptions aren't automatic for most, but you can be excused by a judge for health issues, primary caregiving responsibilities (especially for children or the elderly), being 80 or older (voluntary), or undue hardship like extreme travel/financial burden; however, occupation (doctors, teachers, etc.) isn't an exemption, and you must request excusal to the court for specific conflicts or hardships.
Can parties stipulate to a 5 person jury?
C. At any time before verdict, the parties, with the approval of the court, may stipulate that the jury shall consist of fewer jurors than required for a full jury, but in no case fewer than six jurors.
Which states do not require a unanimous jury?
Oregon and Louisiana eliminated the practice, which had white supremacist roots. But they differ on whether to retroactively overturn those convictions.
Do all 12 jury members have to agree?
Can a judge overrule a unanimous jury?
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
What happens if a jury can't make a unanimous decision?
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."
Do all 12 jurors have to agree with us?
In an ideal world, a jury will reach a clear conclusion by either convicting or acquitting the defendant. Where a case retains the original 12 jurors at least 10 must agree on the verdict. If the numbers fall short, for example, with 8 wanting to acquit and 4 wanting to convict, that will not be an acceptable verdict.
What are the odds of getting picked for jury duty?
The odds of being selected for jury duty vary, but generally, about 14-15% of U.S. adults get summoned, though only a fraction actually serve, with estimates suggesting under 5% of those summoned end up on a sworn jury, as many are excused or the need for their service ends. Factors like location, eligibility (age, citizenship, felony status), and the specific needs of local courts significantly impact individual chances, with federal service having even lower probabilities.
Why does juror 3 vote not guilty?
Juror 3 had apparently been harboring some negative feelings about his son's generation. Juror 3 changed his vote after realizing that all of his anger toward the defendant was a direct result of his bad relationship with his son.
What is the best excuse to avoid jury duty?
The best ways to get out of jury duty involve seeking official exemptions for valid reasons like age (over 70/75), medical conditions (with a doctor's note), primary childcare (under 6), or financial hardship (demonstrable income loss), or requesting a deferral online or by mail with supporting documents. During selection (voir dire), be honest about biases or situations (like family tragedy, travel) that prevent impartiality, as attorneys often excuse jurors who openly struggle with fairness, but avoid outright lying, which can backfire.
How much do jurors get paid in Arkansas?
Payment Amounts and Length of Service
Jurors seated to hear the trial are paid $50.00/day. Those who report but are not selected are paid $15.00/day. Checks are run monthly for those seated or reported. Length of Service – Most trials are one to four days, with some exception.
What happens if you fall asleep during jury duty?
If you fall asleep during jury duty, the judge can have you woken up, repeated information, or even dismiss you and replace you with an alternate juror, potentially leading to a mistrial or new trial if you missed crucial evidence, though a short nap might just result in being gently roused, while repeated offenses or missing significant testimony can lead to being removed or even facing contempt of court.
What are two things jurors should never do?
Jurors should never discuss the case with anyone outside the jury (including family/friends) or conduct their own investigation, like visiting the scene or looking up info online, as the verdict must be based solely on courtroom evidence; these actions risk introducing bias and jeopardizing the trial's fairness. Another critical "never" is to decide by chance, such as by flipping coins, which makes a verdict illegal.
How often is the jury wrong?
The identification error is similarly one-sided, always. From the observed agreement rates, the probability of a correct verdict by the jury is estimated at 87% for the NCSC cases and 89% for the Kalven-Zeisel cases. Those accuracy rates correspond to error rates of 1 in 8 and 1 in 9, respectively.
Who has more power, a judge or jury?
In federal court, the jury decides the verdict. It's the judge's job to act as referee, ruling on issues of law before and during the trial. Federal judges keep up to date on many laws and rules such as: Federal Laws.
How come some people never get picked for jury duty?
People may never get called for jury duty due to the random selection process, being automatically excused (like for age or prior service), having reasons for hardship/inconvenience, or simply by not being in the pool due to outdated voter/license records, with the ultimate factor being a mix of chance, eligibility, and local court policies.
What happens if only one juror says not guilty?
There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
Can you talk about jury duty afterwards?
After discharge, you may discuss the verdict and the deliberations with anyone, including the media, the lawyers, or your family. But you are not obligated to do so.
Is a long jury deliberation good or bad?
In the end, a long deliberation really just means the jurors are taking their time to go through the evidence and discuss their positions. This can end in either a guilty or not guilty verdict. A long jury deliberation could mean the jurors are at an impasse or a deadlock.
Has a judge ever overrule a jury verdict?
Yes, judges can and do overturn jury verdicts, though it's rare, usually when there's insufficient evidence for the verdict, the verdict is against the weight of the evidence (showing passion or prejudice), or due to significant legal errors during the trial, allowing for motions like Judgment Notwithstanding the Verdict (JNOV) or ordering a new trial, especially in criminal cases where a conviction might be overturned but not an acquittal.
Does a mistrial mean the person goes free?
No, a mistrial does not automatically mean the defendant goes free; it just means the current trial is terminated without a verdict, leaving the charges unresolved, and the prosecution can choose to retry the case with a new jury or, less commonly, drop the charges, as a mistrial isn't an acquittal. It's like hitting the reset button, not ending the game.
Who benefits most from a hung jury?
Functionally, a hung jury is far better for the defendant than a conviction. Undoing a conviction is very difficult. An appeal is not guaranteed in the first place. It may not be legally permitted, the defendant may no longer have the financial resources to mount an appeal, etc.